Right to information
The right to information (RTI) is a legal right to access government held information. The Right to Information Act 2009 promotes openness, accountability, and transparency by requiring governments to make more information publicly available and easily accessible to all. It also provides for individuals to protect their privacy by reviewing their personal information, and if required requesting amendments.
Mackay Regional Council is committed to making information available whenever possible, helping the community stay informed about decisions that affect them, and to ensure that their personal information is accurate.
Accessing information
There are many ways you can access information held by council. Before starting the RTI Application process, you should check if the information is already available through one of the below methods.
Publication Scheme
The RTI Act requires local government to have a publication scheme which describes and categories information routinely available. The purpose of this scheme is to present a consolidated, user-friendly and comprehensive overview of Council’s organisation, its relationship to the community and various avenues for public access to council’s processes.
Disclosure Log
This log lists documents which have been released through previous applications for information under the RTI Act. Once released to the RTI applicant, the Act allows documents which do not contain the Applicants personal information or any information contrary to the public interest to be made publicly available.
eApplication Tracker
The eApplication Tracker enables you to search information relating to development applications and basic property information within the Mackay Regional Council Local Government Area.
Application for Property Search
This application provides information on rates, water, building and plumbing, health and regulatory, planning and development and other property related information. The application must be completed and submitted to Council with the applicable fees.
Administrative Access
Council is committed to providing the community with open and transparent access to information about council services, activities and business operations.
Examples of documents which may be released to you via administrative access include copies of your rates notice, requests submitted to council that only involve yourself eg: missed bin requests, copies of correspondence previously provided to you.
RTI access application
If the information you are looking for cannot be located through one of the other options, you have the right to request access to information in our possession or control. The information requested can relate to the business of council, or your personal information.
Note: From 1 July 2025, Information Privacy Applications are managed under the Right to Information Act 2009 (Qld). There are no changes to fees or charges because of this change. Applications made before this date will not be affected by the legislative changes.
Requests for access to documents under RTI and IP legislation exclude documents that are readily available by other means. Requests for access to documents under RTI legislation exclude documents that are readily available by other means. If you have not been able to find the information you are looking for through our Publication Scheme or administrative access, you may make an application under the RTI Act.
Who can apply and what can I apply for?
Anyone can apply to access information about the business of Council.
The information you can apply for is not without exceptions. The Right to Information Act provides Council with direction on what can and cannot be released to you. Some information may be exempt, while other information may not be in the public interest to release. The following fact sheets from the Office of the Information Commissioner provide further information on Exempt Information and the Public Interest
What is exempt information
What is the public interest
If you have had dealings with Council, you can also apply to see what personal information Council holds about you.
Types of personal information a council may hold
How to apply
Your options include:
- Download a digital form here
- Request that a copy of our form is mailed to you
- Send us a request in writing.
To help us process applications quickly, we encourage you to use our application forms.
Lodge your application, together with your payment of the necessary fee to either of the following:
- In person at any of Mackay Regional Council Offices at Mackay, Mirani and Sarina.
- By post (The Chief Executive Officer, PO Box 41, Mackay Qld 4740)
- By email to governance.enquiry@mackay.qld.gov.au
NOTE: To be valid, applications must include the following:
- Provide sufficient information concerning the document/s that enables us to identify the document/s
- Provide an address to which notices under the RTI Act may be sent
- If applying for a document containing personal information evidence of identity of the applicant and if an agent is acting for the applicant – evidence of the agents authorisation.
- For RTI applications, an application is not considered valid until payment of the application fee is made.
Application fees
The total cost of applying for and receiving your information will vary depending on the volume of information and the method of access. If there are processing or access charges payable, we will provide you with a Charges Estimate Notice prior to the end of the processing period.
Concession card holders can apply for a waiver of processing and access charges only. The application fee is unable to be waived.
Fees and charges | Right to Information and Information Privacy
Application process and timeframe
Once we have received a valid application, we will acknowledge your application and commence searching for the requested documents. In the event your application is not valid we will contact you to advise the actions to be taken to make the application valid.
The processing period for an application is 25 business days however there are circumstances which may extend this time such as:
- If you only provide a postal address an additional 5 business days is added to the processing period.
- If we are required to consult with a Third Party; an additional 10 business days is added to the processing period
- Upon issuing a Charges Estimate Notice; the time taken for you to respond to the notice. For example, if you respond 5 business days after receiving the notice, 5 business days are added to the processing period.
- If we request additional time, the time requested in the notice.
In any of the above circumstances you will receive correspondence providing advice of the additional time being added to the processing period.
Note: More than one of the above examples can apply to an application.
Appealing a decision about your access or amendment requests
Internal review
Anyone affected by our decision (ie. applicant or a consulted third party) can apply for an internal review. An Officer at least as senior as the original decision maker will review the officer’s decision. The decisions we cannot review internally are those that are:
- made on an internal review application
- made personally by an agency’s principal officer
- made by a healthcare professional appointed under section 30 or 31
- a deemed decision, because it is taken to have been made by the principal officer.
External review
If you are not satisfied with our decision (initial decision or internal review) you can apply for an external review by the Office of the Information Commissioner. Information on how to do this is provided in your decision notice, or https://www.oic.qld.gov.au/about/right-to-information/apply-for-external-review-of-a-decision-about-gov-information
Note: The amount of the charges stated within a Charges Estimate Notice are not internally or externally reviewable. The charges are set by regulation. However, the decision about whether a processing or access charge is payable is a reviewable decision.
Amending your personal information
If the information we provide contains incorrect personal information about youit can be corrected:
Council may refuse to amend the document because:
- the personal information is inaccurate, incomplete, out of date or misleading; or
- the information sought to be amended is personal information of the applicant; or
- if the application is purportedly made by an agent – that the agent is suitably authorised to make the amendment application; or
- The document does not form part of a functional record (a record available for use in the day to day or ordinary performance of Council).
FAQ
What is personal Information?
Personal information means information or an opinion about an identified individual or an individual who is reasonably identifiable from the information or opinion:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.
Personal information is held by council if it is contained in a document in its possession, or under its control.
What is a ‘document’?
What you may receive as a “document” is quite broad and may include CCTV footage, body worn camera footage, audio, photos, data extracts, and physical / digital documents.
Can I request other people’s personal information?
There are limited circumstances in which you may obtain access to another person’s personal information:
- an agent authorised to act on someone’s behalf
- a parent of a child under 18 (evidence of parent-child relationship is required)
- if you require the information to pursue a legal remedy.
Accessing documents to pursue a legal remedy
What is “the balance of public interest?”
Council may refuse access to information if it is not in the balance of the public interest. For more information, see What is the public interest - a guide for applicants
https://www.oic.qld.gov.au/guidelines/for-community-members/information-sheets-access-and-amendment/what-is-the-public-interest
Can I request that my application is processed urgently?
Processing timeframes are subject to legislation, availability of the information, and completeness of the application. Whilst Council can endeavour to turnaround requests as soon as they are able, there is no guarantee that applications can be processed within an expedited manner.
Should you have any questions please contact the Corporate Governance team at council on 1300 622 529.